California, United States of America
The following excerpt is from The People v. Brown, H034057, No. CC256280 (Cal. App. 2010):
Furthermore, the trial court had no duty to declare a mistrial on its own motion. Nor could the court take defense counsel's request for an admonition as evidence that appellant would consent to a mistrial. As we shall explain, this is so because once a jury trial has commenced and jeopardy has attached, the court may not declare a mistrial on its own motion unless there is a legal necessity or the defendant consents. (Curry v. Superior Court (1970) 2 Cal.3d 707, 712, 717-718 (Curry).)
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